United States v. Richard W. Miller

Defendant Richard Miller has the distinction of being the first FBI officer in history convicted of espionage. He appeals his conviction on two grounds. First, he claims that the FBI used his Mormon religious beliefs and other improper tactics to psychologically coerce him into confession. Second, he argues that the district court erred by denying his mid-trial motion to suppress wiretap evidence for failure to minimize as untimely. On both issues, we affirm.

I

The prosecution of Richard Miller on charges of espionage and transmission of classified information has a long history. The first trial ended in a hung jury. The jury in the second trial convicted Miller on six of seven counts; Miller was sentenced to life imprisonment plus fifty years. The conviction was reversed on appeal. United States v. Miller, 874 F.2d 1255 (9th Cir. 1989), reh’g denied, 884 F.2d 1149 (9th Cir.1989). In the third trial (from which this appeal is taken), Miller waived his right to a jury trial. Judge Takasugi found Miller guilty on all six counts and sentenced him to twenty years in prison.

The salient background of the case is well-known and set forth in United States v. Miller, supra. A bare…